LAW
Writer®
Ohio Laws and Rules
If, upon completion of its hearing or review, the commission finds that the action appealed from was lawful and reasonable, it shall make a written order affirming the action. If the commission finds that the action was unreasonable or unlawful it shall make a written order vacating or modifying the action under appeal.
Effective: 07/27/2007
R.C. 119.032 review dates: 04/23/2007 and 04/23/2012
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.01-3745.07
Prior Effective Dates: 10/23/73, 4/23/02
(A) All rulings and orders of the commission shall be signed by at least two members of the commission.
(B) The original of all rulings and orders of the commission shall be maintained in the case file.
(C) Copies of the commission’s rulings and orders shall be sent by regular mail to all parties or, if a party is represented by counsel, to their counsel. Regular mail shall mean service via the United States postal service and/or interoffice mail available to departments and agencies of the state of Ohio.
Effective: 07/27/2007
R.C. 119.032 review dates: 04/23/2007 and 04/23/2012
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.01-3745.07
Prior Effective Dates: 10/23/73, 4/23/02
(A) Every final order made by the commission shall contain a written finding of the facts upon which the order is based.
(B) A certified copy of every final order shall be sent by certified mail to each party to the appeal. The order shall include a statement of the time and method by which an appeal of the order may be taken.
Effective: 07/27/2007
R.C. 119.032 review dates: 04/23/2007 and 04/23/2012
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.07
Prior Effective Dates: 10/23/73, 4/23/02
The commission may order the parties to an appeal to submit proposed findings of fact, references to the appropriate exhibit or page of the transcript and conclusions of law.
Effective: 07/27/2007
R.C. 119.032 review dates: 04/23/2007 and 04/23/2012
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.07
Prior Effective Dates: 10/23/73, 4/23/02
(A) AIf all parties agree, a settlement agreement may be entered into at any stage of the proceedings prior to the issuance of a final order by the commission.
(B) When any proceeding is dismissed prior to adjudication, the journal shall be marked discontinued. All dismissals shall be with prejudice.
Effective: 07/27/2007
R.C. 119.032 review dates: 04/23/2007 and 04/23/2012
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.07
Prior Effective Dates: 10/23/73-4/23/02
(A) If the commission issues a final order vacating and returning any matter to the director or statutory agency for further action, such order shall specify the time period within which the director or other official shall act upon the order. Except in unusual circumstances, such time period should not exceed thirty days.
(B) Within seven days after the issuance of the final order provided for in paragraph (A) of this rule the director or statutory agency may move the commission for an extension of the time period specified in the final order. Such motions will be granted only in extraordinary circumstances and upon a demonstration of compelling reasons.
(1) A motion for extension shall be served upon all parties to the appeal, shall state the duration of the extension sought, and shall state in detail the reasons why the director or statutory agency cannot act within the time period specified in the final order.
(2) A party objecting to the motion for extension shall submit the objection and the reasons in support to the commission in writing no later than the third business day after receipt of the motion.
(3) Upon receipt of the written objection, or, if no written objection is filed, the commission shall rule on the motion for extension.
Effective: 07/27/2007
R.C. 119.032 review dates: 04/23/2007 and 04/23/2012
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.07
Prior Effective Dates: 10/23/73, 4/23/02
After a vacation and return pursuant to rule 3746-11-06 of the Administrative Code, the director or statutory agency shall furnish the commission with the following:
(A) The date on which the ordered action is to be taken; and
(B) The date on which any required hearings will be held.
Effective: 07/27/2007
R.C. 119.032 review dates: 04/23/2007 and 04/23/2012
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.07
Prior Effective Dates: 10/23/73, 4/23/02